Theodora Kavadis

[2017] FWC 2011

[2017] FWC 2011

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Theodora Kavadis

(U2017/2826)

Deputy President Clancy MELBOURNE, 7 APRIL 2017

Application for an unfair dismissal remedy.

1. On 14 March 2017, Ms Theodora Kavadis made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

1. The application form filed by Ms Kavadis in the Fair Work Commission (the Commission) was incomplete because she did not provide details of the Respondent and the application fee was not paid or a completed fee waiver application received.

1. On 16 March 2017, the Commission telephoned Ms Kavadis and confirmed her length of service with her employer and advised the Respondent details were not included in her application.  Ms Kavadis advised she would provide the Respondent’s details via email that day and payment would be made the following day.

1. Following the telephone discussion on 16 March 2017, correspondence was sent to Ms Kavadis confirming the application form was incomplete and further details were required.  It was also noted that payment or a completed application for fee waiver was required and that in the absence of advice being received within 14 days, her application may be dismissed.

1. On 24 March 2017, the Commission attempted to contact Ms Kavadis via telephone, however this was unsuccessful and a voicemail message was left noting that the Respondent’s details remained incomplete and payment had not been made.

1. On 3 April 2017, the Commission again attempted to contact Ms Kavadis and left a voicemail, asking that the details be emailed to the Commission or for contact to be made if she required further information.

1. To date, Ms Kavadis has not contacted the Commission or provided the necessary details as requested.

1. Section 587(1) of the Act provides:

587 Dismissing applications

(1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

(a) the application is not made in accordance with this Act; or

(b) the application is frivolous or vexatious; or

(c) the application has no reasonable prospects of success.

1. Having regard to the circumstances of this matter, I am satisfied the application was not made in accordance with the Act. As such, the application is dismissed pursuant to s.587(1)(a) of the Act.  An Order to this effect will be issued shortly.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR591730>